Sargiz Shamouni v. Subaru of America, Inc.

I. INTRODUCTION

On November 19, 2020, Sargiz Shamouni (“Plaintiff”) filed a Complaint in state court against Subaru of America, Inc. (“SOA”) and Ladin Hyundai Subaru (“Ladin”) (collectively, “Defendants”), alleging the following claims against SOA under the Song-Beverly Act: (1) violation of Civil Code § 1793.2(d), (2) violation of Civil Code § 1793.2(b), (3) violation of Civil Code § 1793.2(a)(3), (4) violation of Civil Code §§ 1791.2(a) and 1794, and (5) fraud. Plaintiff also alleges a claim against Ladin for violating Civil Code §§ 1791.1, 1794, and 1795.5. On November 29, 2021, SOA removed the action to federal court. Presently before the Court is Plaintiff's Motion to Remand. For the following reasons, the Court GRANTS Plaintiff's Motion. Il. JUDICIAL STANDARD Pursuant to 28 U.S.C. § 1332, district courts shall have original jurisdiction over any civil action in which the parties are citizens of different states and the action involves an amount in controversy that exceeds $75,000. The defendant removing the case to federal court bears the burden of establishing the jurisdictional facts, namely the amount in controversy and complete diversity of the…